SUAREZ, J.
Appellant EverBank, a federal savings bank, appeals the trial court's Order denying EverBank's motion to enforce a venue selection provision in a settlement agreement,
In 2004, Atlantic Hospitality of Florida, LLC [Atlantic] sustained a loss to a hotel it owned in Osceola County. In 2009, Atlantic sued its insurance carrier, General Star Indemnity Company, in Miami-Dade County Circuit Court to recover monies it claimed were owed under the policy of insurance due to the loss. Atlantic was represented in the Miami-Dade County action by the law firm of Mintz Truppman, P.A.
Also in 2009, EverBank brought a foreclosure action against Atlantic in Osceola County on the mortgage it held on the hotel. In 2012, the foreclosure action was settled. EverBank and Atlantic entered into a Stipulated Settlement Agreement in which Atlantic assigned to EverBank "50% of the net proceeds awarded for damages" in the General Star litigation pending in Miami-Dade County. EverBank and Atlantic are the only parties to, and the only two signatories of, the Stipulated Settlement Agreement.
The Stipulated Settlement Agreement contained the following venue provision:
In May 2013, the General Star litigation settled and the proceeds were placed in the Mintz Truppman P.A. trust account. EverBank subsequently demanded 50% of the net proceeds of the General Star settlement and objected to any disbursements of the settlement proceeds. At the same time, East Coast Public Adjusters, Inc. and East Coast Appraisers also demanded a portion of the General Star settlement money.
In July 2013, Atlantic brought in Miami-Dade County Circuit Court the present declaratory action against EverBank and the East Coast entities. Atlantic is seeking a declaration that the 50% provision of the Stipulated Settlement Agreement does not entitle EverBank to any of the General Star settlement proceeds and also claims that the East Coast Entities are not entitled to any more money from the settlement. The trial court permitted Mintz Truppman, P.A. to intervene in the declaratory judgment action.
EverBank moved to dismiss, arguing that the venue provision of the Stipulated Settlement Agreement required that all of the causes of action had to be brought in Osceola County. After an extensive hearing, the trial court denied EverBank's motion citing to Manrique v. Fabbri, 493 So.2d 437, 440 (Fla.1986) and Ware Else, Inc. v. Ofstein, 856 So.2d 1079, 1082 (Fla. 5th DCA 2003). The trial court determined that although the venue clause was mandatory, in this situation it would be unreasonable and unjust to the other parties to have to litigate in Osceola County, and that the entire matter should remain in Miami-Dade County Circuit Court. We reverse in part and affirm in part.
We reverse that portion of the trial court's Order denying enforcement of the venue provision of the Stipulated Settlement Agreement. The agreement contains a venue provision stating, in pertinent part: "in the event of litigation, Osceola County, Florida shall be deemed the venue." We agree with EverBank that, as to the dispute between EverBank and Atlantic concerning the 50%
In light of the venue provision, we conclude that the dispute between EverBank and Atlantic concerning the interpretation of the provision in the Stipulated Settlement Agreement assigning EverBank "50% of the net proceeds awarded for damages" in the General Star litigation should be determined in Osceola County as agreed to by EverBank and Atlantic.
We affirm the remainder of the trial court's Order requiring all other issues remain in the Circuit Court of Miami-Dade County for resolution and allowing the intervention of Mintz Truppman, P.A.
Accordingly, we reverse the portion of the Order on appeal which effectively refused to enforce the venue provision of the Stipulated Settlement Agreement and which attempted to stay the proceedings in Osceola County.
We affirm as to all other issues on appeal.